Montana Motion to Quash, Dismiss, or Set Aside Indictment for Failure to Prosecute

State:
Multi-State
Control #:
US-02613BG
Format:
Word; 
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Description

The sixth amendment to the U.S. Constitution guarantees all persons accused of criminal wrongdoing the right to a speedy trial. Although this right is derived from the federal Constitution, it has been made applicable to state criminal proceedings through the U.S. Supreme Court's interpretation of the due process and equal protection Clauses of the fourteenth amendment.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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FAQ

Theft: 5 years time limit after date of theft, whether or not offender is in possession. If offender is still in possession after 5 years time limit ends, prosecution can commence at any time.

A motion to quash is most commonly filed at the beginning of a trial, or an appeal as a pretrial motion. It may be considered as somewhat similar to a motion to dismiss. However, a motion to quash asks the court to nullify a previous court ruling, whereas a motion to dismiss requests the same of a current filing.

(1) After a finding of probable cause following a preliminary examination or waiver of a preliminary examination or after leave of court has been granted, the prosecutor shall file within 30 days in the proper district court an information charging the defendant with the offense or any other offense supported by ...

If a defendant has pleaded a counterclaim before being served with the plaintiff's motion to dismiss, the action may be dismissed over the defendant's objection only if the counterclaim can remain pending for independent adjudication.

A person may be adjudged guilty of and penalized for criminal contempt under this section by a fine in an amount not to exceed $500 or by imprisonment for a term not to exceed 30 days, or both, and by any other reasonable conditions or restrictions that the court may consider appropriate under the circumstances.

45-4-103. Attempt. (1) A person commits the offense of attempt when, with the purpose to commit a specific offense, the person does any act toward the commission of the offense.

LexRoll.com > Law Dictionary > Civil Procedure > Failure to Prosecute. Failure of the plaintiff (in a civil case) or the prosecutor (in a criminal case) to diligently pursue the case after it is filed, which can be grounds for dismissal of the case.

(2) A person convicted of the offense of criminal contempt shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both. History: En. 94-7-309 by Sec.

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Montana Motion to Quash, Dismiss, or Set Aside Indictment for Failure to Prosecute